The ADA Amendments Act of 2008: Do the Amendments Cure the Interpretation Problems of Perceived Disabilities

Congress passed the Americans with Disabilities Act' (ADA) in 1990 with the hope of eliminating discrimination on the basis of disability. 2 Congress aimed "to provide clear, strong, consistent, [and] enforceable standards addressing discrimination against individuals with disabilities," 3 however, courts failed to apply a broad standard.4 Supporters of an extensive interpretation of the ADA vehemently opposed these judicial interpretations, focusing their criticism on the United States Supreme Court's decision in Sutton v. United Air Lines.'In Sutton, the Court imposed harsh limitations on those bringing ADA claims alleging they were "regarded as" disabled under the Act's definition of disability.7 Further, the circuits split over whether to *Managing Editor of Volume 50 of the Santa Clara Law Review; J.D. Candidate 2010 at Santa Clara University School of Law; B.A. in Anthropology from the University of California, Berkeley.I would like to thank our Board of Editors and especially those who worked on my comment for helping to shape it into its final form.Additionally, I would like to thank Nick Manov